Emanuel E. Goines, Jr. v. United States
Securities EmploymentDiscrimina JusticiabilityDoctri
Whether a felon's intrastate possession of a firearm violates 18 U.S.C. § 922(g)(1) solely because the firearm previously crossed state lines
QUESTIONS PRESENTED (1) Federal law makes it a crime for a person with a prior felony conviction to “possess .. . affecting commerce, any firearm or ammunition.” 18 U.S.C. § 922(g)(1). Can such a person’s present intrastate possession of a firearm violate § 922(g)(1) for the sole reason that the firearm previously crossed state lines, or must the possession itself contemporaneously “affect[ ] commerce”? (2) Congress cannot exercise its Commerce Clause power to regulate an activity merely because that activity might lead to violent crime. A stronger link is required between the activity and interstate commerce. Assuming § 922(g)(1) prohibits a person with a prior felony conviction from possessing any firearm that previously crossed state lines, can a firearm’s past life sufficiently link a person’s present possession to interstate commerce, or did Congress exceed its Commerce Clause power when it enacted § 922(g)(1)? i